Dow Corning Bankruptcy Settlement

Volume 14, No. 7, June 1, 2017

 

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717 or

visit our website at:  www.tortcomm.org

 

 

CAC                                                                                                                Sybil Niden Goldrich

P.O. Box 665                                                                                                  Ernest Hornsby, Esq.

St. Marys, OH 45885                                                            Dianna Pendleton-Dominguez, Esq.

 

 

This is the 143rd e-newsletter (Vol. 14, No. 7) from the Claimants' Advisory Committee (CAC) in the Dow Corning bankruptcy Settlement Plan. You were sent a copy of the newsletter because our records show that you requested to be on the mailing list. If you wish to unsubscribe, click here or to reply to this newsletter, send an email to: info@tortcomm.org. Please do not hit "Reply" to this email address.  To contact the CAC, use the email address: info@tortcomm.org or dpend440@aol.com. You can also contact the CAC directly at 419-394-0717.

URGENT REMINDER: 

THE FINAL DEADLINE TO SUBMIT A CLAIM TO THE DOW CORNING SETTLEMENT FACILITY IS JUNE 3, 2019.  

AFTER JUNE 3, 2019, THE SETTLEMENT FACILITY WILL PERMANENTLY CLOSE AND ONLY THOSE TIMELY SUBMITTED CLAIMS WILL BE REVIEWED.

 

WHO DOES THIS DEADLINE APPLY TO? 

The deadline applies to women in Class 5 (U.S. women with a Dow Corning breast implant) OR Class 6.1 / 6.2 (non-U.S. women with a Dow Corning breast implant).

You must submit (or have already submitted) a PROOF OF MANUFACTURER FORM and submitted medical records that show you have or had a Dow Corning breast implant.  The deadline to submit the PROOF OF MANUFACTURER FORM and supporting medical records is also JUNE 3, 2019. 

The PROOF OF MANUFACTURER FORM can be downloaded here: http://www.tortcomm.org/sfdct_forms.shtml

 

 

 

WHAT TYPE OF CLAIM CAN I SUBMIT?

The only benefit claim available is either a DISEASE CLAIM or an EXPEDITED RELEASE CLAIM. This claim is available ONLY to women who also submitted the PROOF OF MANUFACTURER FORM and have acceptable proof that they have or had a Dow Corning breast implant.

Claimants who have an approved disease claim can also submit an INCREASED SEVERITY disease claim.

There are no benefits available to women who do not have a Dow Corning breast implant. The deadline to apply for non-Dow Corning breast implants expired in 2007.

The deadline to apply for Explant and/or Rupture benefits has also expired. These benefits are no longer available.

 

HOW DO I SUBMIT A DISEASE OR EXPEDITED RELEASE CLAIM?

The form to apply for either Disease or Expedited Release can be downloaded here:  http://www.tortcomm.org/sfdct_forms.shtml. 

Please review the Disease Guidelines very carefully before you submit a Disease claim. The Guidelines can be viewed here: http://www.tortcomm.org/diseaseclaims.shtml

They contain very detailed information that will assist you in preparing your Disease claim and will help you avoid some common problems or deficiencies.

 

WHAT IF I HAVE AN INCREASED SEVERITY DISEASE CLAIM?

If you have an approved Disease Claim in Class 5, 6.1, or 6.2, you can apply for an INCREASED SEVERITY PAYMENT under certain circumstances.  The deadline to apply for Increased Severity is also JUNE 3, 2O19.

 

WHAT HAPPENS IF I DON’T HAVE A DISEASE CLAIM? WHAT CAN I DO?

If you do not have a DISEASE claim AND you have submitted a PROOF OF MANUFACTURER FORM and acceptable proof that you have or had a Dow Corning breast implant, you can apply for the EXPEDITED RELEASE PAYMENT by completing and submitting the DISEASE / EXPEDITED RELEASE FORM.

 

 

HOW DO I FIND CLAIM FORMS?

The PROOF OF MANUFACTURER FORM and the DISEASE/ EXPEDITED RELEASE CLAIM FORM ARE LOCATED HERE:

http://www.tortcomm.org/sfdct_forms.shtml

 

There isn’t a claim form to apply for an INCREASED SEVERITY DISEASE claim. Simply send in a letter requesting an INCREASED SEVERITY DISEASE review along with supporting medical records to the Settlement Facility.

To qualify for an INCREASED SEVERITY payment in Disease Option 1, you must now meet the criteria for Disability A.  Review the Disease Guidelines for Disability A criteria.  You cannot qualify if you move up from Disability C to Disability B.

To qualify for an INCREASED SEVERITY payment in Disease Option 2, you must show that you now meet the criteria for any higher paying disease / disability level. If you are in Disease Option 2, you can move from Disability C to Disability B.

You cannot switch disease options. If your original disease qualified you in Disease Option 1, then you must remain in Disease Option 1 and follow those rules. If your original disease qualified you in Disease Option 2, you must remain in Disease Option 2 and follow those rules.

 

WHAT DISEASES ARE ELIGIBLE FOR PAYMENT?

            Disease Option 1:       Atypical Connective Tissue Disease (ACTD)

                                                Atypical Neurological Disease Syndrome (ANDS)

                                                Primary Sjogren’s Disease (PS)

                                                Mixed Connective Tissue Disease / Overlap Syndrome (MCTD)

                                               

            Disease Option 2:       Systemic Scleroderma (SS)

                                                Systemic Lupus Erythematosus (SLE)

                                                Polymyositis (PM)

                                                Dermatomyositis (DM)

                                                General Connective Tissue Symptoms (GCTS)

           

For more information about the specific medical criteria needed to qualify for any of these diseases, review the Disease Claimant Information Guide and the Disease Guidelines (these are the more detailed charts that provide specifics about the types of documents and symptoms needed) located here: http://www.tortcomm.org/sfdct_forms.shtml.

STATUS OF CLAIMS PAYMENTS BY THE SETTLEMENT FACILITY FROM JUNE 1, 2004 – APRIL 30, 2017

4/30/2017

 

 

 

 

 

 

 

 

 

INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

$427,288,547.19

$146,600,634.71

N/A

$4,206,791.10

$45,823,679.26

$619,232,072.60

N/A

N/A

$1,243,151,724.86

CLASS 6.1

$14,184,750.51

$4,608,969.90

N/A

$12,000.00

$3,317,543.85

$9,617,218.48

N/A

N/A

$31,740,482.74

CLASS 6.2

$3,703,000.00

$251,500.00

$1,314,000.00

$15,000.00

$175,700.00

$4,476,850.00

N/A

N/A

$9,936,050.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$119,800.00

N/A

N/A

N/A

$119,800.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$516,600.00

N/A

N/A

N/A

$516,600.00

CLASS 7

N/A

N/A

N/A

N/A

$25,528,973.45

$13,329,208.95

N/A

N/A

$38,858,182.40

CLASS 9

$130,000.00

N/A

N/A

N/A

$1,762,145.10

N/A

$2,866,500.00

$14,215,000.00

$18,973,645.10

CLASS 10.2 / 10.2

$6,000.00

N/A

N/A

N/A

$155,850.00

N/A

$224,125.00

$1,050,875.00

$1,436,850.00

TOTAL

$445,312,297.70

$151,461,104.61

$1,314,000.00

$4,233,791.10

$77,400,291.66

$646,655,350.03

$3,090,625.00

$15,265,875.00

$1,344,733,335.10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

21,509

29,625

N/A

848

23,139

29,456

N/A

N/A

104,577

CLASS 6.1

1,187

1,554

N/A

4

2,775

1,011

N/A

N/A

6,531

CLASS 6.2

529

138

438

5

251

1,173

N/A

N/A

2,534

CLASS 6.2 2

N/A

N/A

N/A

N/A

101

N/A

N/A

N/A

101

CLASS 6.2 3

N/A

N/A

N/A

N/A

861

N/A

N/A

N/A

861

CLASS 7

N/A

N/A

N/A

N/A

16,781

1,669

N/A

N/A

18,450

CLASS 9

26

N/A

N/A

N/A

1,763

N/A

476

498

2,763

CLASS 10.2 / 10.2

2

N/A

N/A

N/A

261

N/A

65

64

392

TOTAL

23,253

31,317

438

857

45,932

33,309

541

562

136,209

 

 

Claims processing is current at the Settlement Facility. This means that there is currently NO DELAY in reviewing claims.

If you have a deficiency in your claim, you can contact the Settlement Facility directly for help in understanding what the deficiency is and how to fix it. Call them free-of-charge at 1-866-874-6099 or by email at: info@sfdct.com.                                            

 

 

 

 

DEADLINE AND OTHER REMINDERS

KEEP CONTACT INFORMATION UPDATED WITH THE SETTLEMENT FACILITY:  Keep all information regarding a claimant’s name, address, phone number, email address, and attorney information current with the Settlement Facility. Attorneys and law firms should also keep their contact information current with the Settlement Facility.  Many claimants have been approved for payments but they have moved and have not provided a current address. Send all updates to the Settlement Facility at:   Settlement Facility, P.O. Box 52429, Houston, TX 77052.

PROBATE INFORMATION:  If a claimant has died, her estate can receive the claimant’s approved payments but they must certain necessary documents from the probate court. For more information on what the Settlement Facility needs, contact them toll free at:  1-866-874-6099.

ATTORNEY FEE LIMITS AND EXPENSES: The Plan sets a cap on the attorney fees payable to your attorney (if you were represented individually on your claim).  The fee limits are:  10% of the first $10,000; 22.5% of the next $40,000; and 30% of amounts in excess of $50,000.  The Plan also lists the types of expenses that attorneys can charge.  For more information on allowable fees and expenses, review the Claimant Information Guide at Section 11 (http://www.tortcomm.org/downloads/CIG_ENG_5.pdf.

EXPLANT ASSISTANCE: The Explant Assistance program in the Dow Corning Settlement Facility expired in 2014. In addition, the MDL 926 Revised Settlement Program that covered other manufacturers like Bristol, Baxter, and 3M closed in 2010 so there are NO explant benefits available from either settlement. HOWEVER, if you still are implanted and need financial assistance to have the breast implants removed, you may be eligible for some financial assistance from a separate program.  Contact Jeff Condra at jcondra@oplc.org for more information.

 

Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and supporting documents must be received by the SF-DCT by the posted deadline. Please mail all forms early enough so that they are received by the deadline listed below.

 

Deadline Date

Type of Deadline

June 3, 2019

Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants)

Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2.

 

If you would like to read prior CAC e-newsletters, they are available on the CAC website by clicking on "Electronic Newsletter." We urge you to visit the CAC website (www.tortcomm.org) on a regular basis to download or view relevant documents and read updates and new information.

NOTICE: This document is copyrighted. You are not authorized to post it on any website without express, prior written permission of the Claimants' Advisory Committee.